Charles A. Boyd and Darby A. Harvey - Page 13

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          Commissioner, supra at 450.  Here, Continental’s drivers                    
          testified as to the average amount of the per diem allowance that           
          they spent on items such as lodging, truck parking, showers,                
          laundry, and Federal Express charges.  Despite the presentation             
          of this evidence, we hold that petitioners have failed to                   
          establish a basis for deducting 80 percent of the per diem                  
          allowance paid to Continental’s drivers.                                    
               Petitioners in this case have raised arguments regarding the           
          validity of the revenue procedures which we must consider.                  
          Furthermore, unlike in Beech Trucking Co., petitioners in this              
          case, as noted above, attempted to substantiate the drivers’                
          travel expenses.  We must consider whether this evidence meets              
          the requirements of section 274(d).  Additionally, petitioners              
          here argue that they are entitled to a 100-percent deduction for            
          the portion of the per diem allowance that they estimate is                 
          allocable to nonmeal expenses.                                              
          I.   Whether Petitioners May Deduct 80 Percent of the Per Diem              
               Allowance Paid to Continental’s Drivers                                
               A.   Statutory Framework                                               
               Section 162 allows a deduction for all ordinary and                    
          necessary expenses paid or incurred during the taxable year in              
          carrying on a trade or business.  Section 162 enumerates certain            
          types of deductible expenses, including “a reasonable allowance             
          for salaries or other compensation for personal services actually           







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